Singapore legislation
Section 71
Section 71
Power to enter premises under warrant
(1)
A Magistrate may, on the application of the Authority, issue a warrant in respect of any premises if the Magistrate is satisfied that there are reasonable grounds to suspect that there is on the premises, any document —
which has been required by an inspecting officer under section 70 to be provided, but has not been provided in compliance with that requirement; or
which, if required by an inspecting officer under section 70 to be provided, will be concealed, removed, tampered with or destroyed.
(2)
If the Magistrate is also satisfied that there are reasonable grounds to suspect that there is, on those premises, any other document that relates to any matter relevant to the investigation concerned, the Magistrate may direct that the powers exercisable under the warrant extend to that other document.
(3)
A warrant under subsection (1) may authorise a named inspecting officer, and any other employee of the Authority whom the Authority has authorised in writing to accompany the inspecting officer —
to enter and search the premises specified in the warrant, using such force as is reasonably necessary for the purpose;
subject to section 73, to take possession of, make copies of, or secure against interference, any document (or any part of it) that appears to be a document mentioned in subsection (1) or (2) (called in this section the relevant document);
to require any person on the premises to explain of any relevant document or, where applicable, to state, to the best of that person’s knowledge and belief, where the relevant document may be found; and
subject to section 73, to require any relevant document that is stored in electronic form and accessible at the premises to be produced in a form that —
can be taken away; and
is visible and legible.
(4)
The warrant continues in force until the end of the period of one month beginning on the day on which it is issued.
(5)
If the owner or occupier of the premises is present when the inspecting officer proposes to execute the warrant, the inspecting officer must —
identify himself or herself to the owner or occupier;
show the owner or occupier proof of the inspecting officer’s identity and authorisation; and
give the owner or occupier a copy of the warrant.
(6)
If there is no one at the premises when the inspecting officer proposes to execute the warrant, the inspecting officer must, before executing it —
take such steps as are reasonable in all the circumstances to inform the occupier of the premises of the intended entry into the premises; and
where the occupier is so informed, give the occupier or the occupier’s legal or other representative a reasonable opportunity to be present when the warrant is executed.
(7)
If the inspecting officer is unable to inform the occupier of the premises of the intended entry into the premises, the inspecting officer must, when executing the warrant, leave a copy of it in a prominent place on the premises.
(8)
The inspecting officer must —
prepare and sign a list of all documents and other things taken under subsection (3)(b) and (d) in execution of the warrant; and
give a copy of the list to the occupier of the premises or the occupier’s legal or other representative.
(9)
On leaving the premises after executing the warrant, the inspecting officer must, if the premises are unoccupied or the occupier of the premises is temporarily absent, leave the premises as effectively secured as the inspecting officer found them.
(10)
In this section —
Definition
“occupier”, in relation to any premises specified in a warrant under subsection (1), means a person whom the inspecting officer named in the warrant reasonably believes to be the occupier of those premises;
Definition
“premises” includes any building, structure, vehicle, vessel or aircraft.